How is a DUI defined in Mississippi?
Mississippi law defines "
What are standardized field sobriety tests and are they required in Mississippi?
- Horizontal Gaze Nystagmus: Involves following an object with the eyes.
- Walk and Turn: Involves walking in a straight line, heel-to-toe, for nine steps or as instructed by officers.
- One Leg Stand: Involves standing on one leg and lifting the other six inches in the air.
The standardized field tests may lead to your arrest, but it also may provide substantial grounds for challenge of evidence in court. Officers utilize the combination of three test to assess drivers condition per the National Highway Traffic Safety Administration (NHTSA). The three tests are as follows:
Can someone refuse to provide a breathalyzer test or field sobriety test in Mississippi?
You have a right to refuse to submit to field sobriety tests. If you do, you will be required to submit to a chemical test later. When a person fails the chemical test, there is an automatic license suspension for a minimum of 90 days. You can be given a temporary permit that allows you to drive until your trial.
What are typical sentences for first time DUIs and multiple DUIs in Mississippi?
In Mississippi, the penalties for a first DUI offense include: up to 48 hours in jail, fines of between $250.00 and $1,000.00, completion of an alcohol safety education program, a 30-day license suspension, a 90-day license suspension with test refusal, and/or ignition interlock device for a least 6 months. The penalties for a second DUI offense include: between 5 days and 1 year in jail, fines of between $600.00 and $1,500.00, completion of an alcohol safety education program, between 10 days and 1 year of community service, a 2-year license suspension, and/or ignition interlock device for at least 6 months. The penalties for a third DUI in Mississippi may include: between 1 and 5 years in jail, fines between $2,000.00 and $5,000,00, completion of an alcohol safety education program, 5-year license suspension, and ignition interlock device for at least 3 years.
Is a DUI a Felony or a Misdemeanor in Mississippi?
A DUI can be a felony if it is your third offense within the past 5 years. A DUI after your third DUI within your lifetime is a felony.
How long does a DUI stay on your driving record in Mississippi?
In Mississippi, a DUI will stay on your driving record for five years and on your criminal record forever.
Why is it important to work with an experienced Mississippi DUI attorney to fight the charges of a DUI vs. just pleading guilty?
A DUI attorney can assess the circumstances of your case and in some cases mitigate or reduce the sentence you may face. An experienced DUI attorney can recommend the best strategy for your defense. We recommend that you seek legal advise as soon as possible to ensure that your rights are protected.